Ефективні засоби для реалізації примирення сторін в адміністративному судочинстві в Україні

The article analyzes effective means of reconciliation of the parties in the administrative proceedings of Ukraine, in particular mediation, judicial conciliation and the conclusion of settlement agreements. The essence of each of these tools, their features and application procedures at different stages of the judicial process are considered. Special attention is paid to the role of the judge in the reconciliation process, his ability to facilitate the reaching of agreements between the parties through advice and suggestions. The benefits of conciliation procedures are detailed, including increasing trust in justice, reducing the burden on the judicial system, shortening the terms of consideration of cases and procedural costs. In addition, the conditions for concluding a settlement agreement, its legal force after approval by the court, and the mechanisms of implementation are analyzed. The importance of negotiations as a separate means of reconciliation and their role in speeding up dispute resolution is also considered. It is indicated that the effective use of conciliation procedures contributes to the resolution of conflicts in administrative cases on mutually beneficial terms and ensures a balance between the interests of citizens and state bodies. It was emphasized that judicial conciliation is possible at any stage of the administrative process. The initiative may come from the judge or from one or both parties. The judge may suggest that the parties consider conciliation if they believe that there is potential for an amicable resolution of the case. It is noted that conciliation is becoming an increasingly important tool in the practice of administrative proceedings, as it allows the parties to focus on the essence of the conflict and avoid lengthy bureaucratic red tape. The main means of reconciliation of the parties in the administrative process of Ukraine, such as mediation, judicial conciliation, settlement agreements, and other alternative mechanisms that help to reach a compromise in conflict situations, are considered. It has been found that there are significant challenges to the implementation of alternative dispute resolution methods such as mediation and negotiation. The main barriers are the insufficient legal regulation of these methods in the context of administrative cases, the lack of qualified mediators in the field of administrative proceedings and insufficient awareness of the participants in the court process about the advantages of alternative methods of dispute resolution.

Publication Details

Journal
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Published
2024-11-22
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Ефективні засоби для реалізації примирення сторін в адміністративному судочинстві в Україні

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Ukrainian Legal and Forensic Studies
article

Ефективні засоби для реалізації примирення сторін в адміністративному судочинстві в Україні

article en

Abstract

The article analyzes effective means of reconciliation of the parties in the administrative proceedings of Ukraine, in particular mediation, judicial conciliation and the conclusion of settlement agreements. The essence of each of these tools, their features and application procedures at different stages of the judicial process are considered. Special attention is paid to the role of the judge in the reconciliation process, his ability to facilitate the reaching of agreements between the parties through advice and suggestions. The benefits of conciliation procedures are detailed, including increasing trust in justice, reducing the burden on the judicial system, shortening the terms of consideration of cases and procedural costs. In addition, the conditions for concluding a settlement agreement, its legal force after approval by the court, and the mechanisms of implementation are analyzed. The importance of negotiations as a separate means of reconciliation and their role in speeding up dispute resolution is also considered. It is indicated that the effective use of conciliation procedures contributes to the resolution of conflicts in administrative cases on mutually beneficial terms and ensures a balance between the interests of citizens and state bodies. It was emphasized that judicial conciliation is possible at any stage of the administrative process. The initiative may come from the judge or from one or both parties. The judge may suggest that the parties consider conciliation if they believe that there is potential for an amicable resolution of the case. It is noted that conciliation is becoming an increasingly important tool in the practice of administrative proceedings, as it allows the parties to focus on the essence of the conflict and avoid lengthy bureaucratic red tape. The main means of reconciliation of the parties in the administrative process of Ukraine, such as mediation, judicial conciliation, settlement agreements, and other alternative mechanisms that help to reach a compromise in conflict situations, are considered. It has been found that there are significant challenges to the implementation of alternative dispute resolution methods such as mediation and negotiation. The main barriers are the insufficient legal regulation of these methods in the context of administrative cases, the lack of qualified mediators in the field of administrative proceedings and insufficient awareness of the participants in the court process about the advantages of alternative methods of dispute resolution.

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Peace, Justice and strong institutions
Openalex Percentile: Top 25%
Ukrainian Legal and Forensic Studies
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